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Topic: Antidumping


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  Antidumping and Countervailing Duty Investigations and Reviews
When an antidumping or countervailing duty order is imposed, Commerce instructs the Bureau of Customs and Border Protection (Customs) to assess antidumping or countervailing duties on imports of the product into the United States to offset the unfair trade practice.
Under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA or Byrd Amendment), antidumping and countervailing duties collected are distributed annually to affected domestic producers for qualifying expenditures incurred.
Commerce and the ITC review each outstanding antidumping and countervailing duty order every five years to determine whether revocation of the order would be likely to lead to continuation or recurrence of dumping or subsidies and of material injury within a reasonably foreseeable time.
www.usitc.gov /trade_remedy/731_ad_701_cvd/index.htm   (365 words)

  
  ANTECEDENTS AND DETERMINANTS OF U.S. ANTIDUMPING ACTIONS:
Antidumping laws can have a profound effect on both domestic and international firms and are increasingly used by nations around the world to reduce competition in domestic markets.
Since antidumping decisions taken by governments can materially change the competitive position of the firm, a better understanding of the decision process of an entity which is a key player in the determination of injury is beneficial for the international firm.
Antidumping actions are seen as a prime approach used by firms and governments to provide for a competitive advantage which could not be achieved with commercial strategy.
www.msb.edu /faculty/czinkotm/Antidumping.htm   (7863 words)

  
 AEI - Events
Antidumping cases are contentious, in large part because an antidumping investigation brings with it the accusation of unfairness on the part of foreign exporters.
Antidumping thrives because it has appealing rhetoric-words like "fair trade" and "level playing field." Meanwhile, the technical complexities of the laws prohibit all but a select few from understanding the reality of the situation, that reality being far different from what the rhetoric suggests.
Antidumping is a crucial issue in the negotiation of the Free Trade Agreement of the Americas as well as in the WTO negotiations.
www.aei.org /events/filter.,eventID.646/summary.asp   (2860 words)

  
 Seeking Transparency in Antidumping Actions through Procedural Review
The first modern antidumping law in the United States was the 1916 Act, and the current basic structure was adopted in 1921.
Antidumping is not a foreign term for the Chinese during the past two decades.
There were a lot of complaints about antidumping regulations and their administration in the U.S. Inside the U.S., free trade economists and lawyers never hesitate to condemn the protectionist inclination in the antidumping regulations and their administration.
www.oycf.org /perspectives/11_043001/seeking_transparency_in_antidump.htm   (4251 words)

  
 Encyclopedia: Antidumping   (Site not responding. Last check: 2007-10-10)
Antidumping is a means to restrict international trade without tariffs.
Since domestic firms can file an antidumping suit and trials are costly and the decisions are difficult to foresee, there is a large potential of strategic actions and distorted market outcomes.
The Stanley R. Mickelson Safeguard complex in Nekoma, North Dakota, with the separate long-range detection radar located further north at Concrete, North Dakota, was the only operational anti-ballistic missile system ever deployed by the United States.
www.nationmaster.com /encyclopedia/Antidumping   (331 words)

  
 Foreign Affairs - Antidumping: The Third Rail of Trade Policy - N. Gregory Mankiw and Phillip L. Swagel   (Site not responding. Last check: 2007-10-10)
Antidumping is the "third rail" of U.S. trade politics, with few politicians of either party willing to point out its broadly negative impact.
Antidumping statutes are extremely complex, and few voters understand how they work and what effect they have.
What is especially perverse is that the impact of antidumping tariffs falls most harshly on two groups whose interests members of Congress should be working to protect: the least well-off of their constituents and the vast majority of American producers.
www.foreignaffairs.org /20050701faessay84408/n-gregory-mankiw-phillip-l-swagel/antidumping-the-third-rail-of-trade-policy.html   (689 words)

  
 U.S. Antidumping Database and Links
"Antidumping and Retaliation Threats" by Bruce A. Blonigen and Chad P. Bown, November 2001.
NBER Paper 7404: "On the Spread and Impact of Antidumping" by Thomas Prusa, October 1999.
Antidumping and Competition Policies in Latin America and the Caribbean," by J. Luis Guash and Sarath Rajapatirana, August 1998.
www.nber.org /antidump   (829 words)

  
 Antidumping in Historical Perspective
Irwin notes that the current interest in antidumping laws -- best known of late for their use in slowing imports of cheap steel -- is largely uninformed by an historical view of their application.
Contrary to the conventional wisdom that there were not many antidumping cases prior to 1980, Irwin shows that the number of antidumping investigations in the 1930s, 1950s, and 1960s was roughly equivalent to the current rate.
An antidumping complaint that includes petitions targeting imports from more than one nation boosts the total value of what's being labeled as suspect, thus increasing the chances of gaining a favorable decision.
www.nber.org /digest/jan05/w10582.html   (642 words)

  
 Features Item : China's Antidumping Regime   (Site not responding. Last check: 2007-10-10)
Antidumping actions are designed to address circumstances in which imports are being sold at less than their "normal value" so as to cause, or threaten to cause, material injury to a domestic industry or to materially retard the establishment of such an industry.
While antidumping actions are governed by the WTO, each member state is free to promulgate its own antidumping regime.
In addition to their responsibilities in the antidumping arena, MOFTEC and SETC also exercise various governmental functions relating to the management and planning of the Chinese economy.
www.worldtrademag.com /CDA/ArticleInformation/features/BNP__Features__Item/0,3483,92563,00.html   (1158 words)

  
 Dan Ikenson on antidumping on National Review Online
Furthermore, U.S. antidumping supporters ignore the new reality: Antidumping laws are proliferating rapidly worldwide, closing or limiting markets to U.S. exporters at a growing clip, threatening to reverse gains achieved through years of market access liberalization.
Until the 1990s, antidumping was a vice practiced almost exclusively by a few rich countries: the United States, Canada, Australia, and Europe.
Declaring antidumping negotiations off-limits ignores the fact that U.S. interests stand to benefit the most from imposing restrictions on their use.
www.nationalreview.com /comment/comment-ikenson082701.shtml   (743 words)

  
 A Guide to Antidumping Laws: America's Unfair Trade Practice
According to the Antidumping Act of that year, for dumping to occur, a "predatory intent" by the exporter must be shown.
With the Antidumping Act of 1921, Congress loosened the requirements to permit federal action to keep out foreign products not only if foreign companies engaged in predatory pricing, but merely if their products were deemed to be priced lower than similar American products, regardless of whether predatory pricing was an issue.
While the federal government claims that antidumping laws help fight unfair trade practices by foreign firms or governments, in reality there are so many problems associated with determining the existence of dumping that the rules themselves turn out to be unfair.
www.heritage.org /Research/TradeandForeignAid/BG906.cfm   (6557 words)

  
 Paper: Antidumping: A look at US Experience--Lessons for Indonesia
It is no accident that antidumping cases are common in steel and specialty chemicals (industries with few multinationals) and rare in autos and electronics (industries dominated by multinationals).
It was impossible to modify the antidumping law in the context of Canada-U.S. Free Trade Area or NAFTA negotiations, despite modest efforts by Canada and Mexico.
If a country decides to adopt an antidumping law, for whatever combination of domestic and international reasons, it should take strong steps to prevent the complete capture of the law and its administration by protectionist interests and their bureaucratic allies.
www.iie.com /publications/papers/paper.cfm?ResearchID=354   (1845 words)

  
 Antidumping and Countervailing   (Site not responding. Last check: 2007-10-10)
The antidumping law and the countervailing duties law are two primary trade relief vehicles for domestic industries seeking protection against foreign imports.
Due to the complexities of the antidumping and countervailing duties process, foreign companies often find that recourse to the U.S. judiciary, a NAFTA panel, or to the World Trade Organization is desired to redress certain legal issues.
In fact, the antidumping and countervailing duties laws are quite complex and require careful planning in submission of responses.
www.tuttlelaw.com /subjects/dumping.htm   (969 words)

  
 Glossary of Terms - Extracted from the Antidumping Manual
The United States antidumping laws are set forth in Title VII of the Tariff Act of 1930, as amended ("the Act") (19 U.S.C. 1673 et seq.).
All companies that do not submit a response to the antidumping questionnaire or do not adequately establish that their export activities are independent of government control are subject to the single economy-wide rate.
To establish the adequacy and accuracy of information submitted in response to questionnaires and other requests for information, the Department examines the records of the party that provided the information and interviews company personnel who prepared the questionnaire response and are familiar with the sources of the data in the response.
ia.ita.doc.gov /glossary.htm   (5061 words)

  
 Antidumping and Antitrust Reform in the NAFTA:  Beyond Rhetoric and Mischief
In principle, in an appropriately open economy, antidumping ("AD") remedies on goods traded between NAFTA parties could be eliminated in favor of antitrust remedies aimed at underlying anticompetitive conduct that might continue even under wholly free trade.
For the NAFTA parties to eliminate antidumping remedies on intra-NAFTA trade based upon an integrated market, industries in each country will need confidence that their interests will not be undercut by a NAFTA government's failure to respond to unfair trade practices originating outside North America.
The problems faced by exporters to these markets may be ameliorated by adherence to the new Antidumping Code's provisions on transparency and due process, and in the case of Mexico, by compliance with the Code and the numerous obligations in NAFTA Chapter 19.
www.dbtrade.com /publications/overview.htm   (13147 words)

  
 PRIMER ON ANTIDUMPING
Antidumping duty investigations are usually initiated as a result of a petition filed by a domestic industry or other interested party such as a trade union or industry association.
In the case of wooden bedroom furniture from China subject to antidumping duties, one exporter received a PDO dumping margin of approximately 9%; however, this same exporter received an FDO dumping margin of approximately 198%.
The increased antidumping duty bill is literally, “in the mail” and you have no idea of the amount of the bill or when it will arrive.
www.intlbondmarine.com /news/adcv3.htm   (1374 words)

  
 Garvey Schubert Barer | Resource Center   (Site not responding. Last check: 2007-10-10)
In this year, 1999, in the Sunset Review investigation the ITC determined to leave the antidumping order on barium chloride from China in place for another five years beginning year 2000, which means that the dumping order on barium chloride will stay in place until 2005.
Once the antidumping order is issued, a year later in the antidumping review investigation, the DOC will determine the actual amount of the antidumping duties owed by the U.S. importer.
In the initial antidumping investigation, Iron Castings from China, the DOC determined that the dumping margin was 11 percent.
www.gsblaw.com /resource/pub_result.asp?ID=1745587282000   (7200 words)

  
 EC Antidumping Measures against Japanese Products
Before 1983, antidumping petitions by European producers against Japanese products were relatively few and resulted in one of these outcomes: acceptance of price undertakings offered by Japanese exporters; termination of the investigation due to a lack of dumping; or conclusion of a bilateral agreement.
Under the regulation, where the foreign exporter absorbs the antidumping duty to be paid by importers, and thereby hinders a resale price increase of dutiable products, an additional anti-dumping duty may be imposed to compensate for the amount borne by the exporter.
A chain reaction from antidumping duties to anticircumvention measures (inter alia, the 60/40 percent rule for the EC assembly and rules of origin for a third-country assembly) contributed to a globalization of Japanese industry.
www.ecsanet.org /conferences/ecsaworld3/komuro.htm   (4279 words)

  
 Dispute Settlement Update: Antidumping & Patents
A Brussels-based attorney described the AB's finding on zeroing as a "landmark" decision in the field of antidumping law that would oblige the EU to recalculate many of its existing dumping margins or face a flow of new complaints from countries, in majority developing countries, whose firms are subject to existing EU dumping measures.
Japan's Ministry of Foreign Affairs welcomed the panel's finding that a US antidumping provision concerning the calculation of dumping margins on Japanese firms not included in a dumping investigation was found to be in violation of WTO rules.
Washington's refusal to allow any discussions of changes to antidumping rules as demanded by developing countries contributed to the failure to launch a new global trade round in Seattle 1999.
www.ictsd.org /html/weekly/story3.06-03-01.htm   (771 words)

  
 SSRN-The Ethics of Using Government to Subvert Competition: The Case of the Antidumping Laws by Robert McGee   (Site not responding. Last check: 2007-10-10)
Antidumping laws are ostensibly aimed at preventing foreign producers from dumping their products on the domestic market at abnormally low prices.
Foreign companies run afoul of the antidumping laws if they either sell products on a domestic market for less than the cost of production or for a price that is lower than that charged in the home market.
The way the antidumping laws are structured, domestic producers can enlist the help of government to prevent foreign competition even when there has been no dumping.
papers.ssrn.com /sol3/delivery.cfm/SSRN_ID242411_code001002510.pdf?abstractid=242411   (452 words)

  
 Application of the Antidumping Laws Against Latin American
Now that these tools have been scaled back, antidumping laws have risen in importance, and are likely to become the most powerful and most often utilized tools of protectionism as domestic producers in more countries feel the pressure of international competition.
The USA has traditionally been one of the most aggressive users of antidumping laws and it is likely that this trend will continue, although other countries will likely increase their use of these laws in the future.
The paper concludes that the use of antidumping laws will likely increase in the future as more countries adopt them and that this trend is likely to stifle, rather than enhance, international trade.
ideas.repec.org /p/wpa/wuwpit/9805007.html   (441 words)

  
 SSRN-Antidumping Laws as Protectionist Trade Barriers: The Case for Repeal by Robert McGee   (Site not responding. Last check: 2007-10-10)
Antidumping laws were designed to protect domestic industry from foreign competition.
It views the antidumping laws as a club that can be used to batter the competition at the expense of consumers and questions the ethics of using government for this purpose.
Part IV concludes that antidumping laws are harmful, serve no useful purpose and should be repealed, the sooner the better.
papers.ssrn.com /sol3/papers.cfm?abstract_id=91268   (391 words)

  
 Challenge: The U.S steel industry and antidumping law
The initial positive government decisions on these complaints of unfair trade in steel make it increasingly likely that antidumping laws and their close cousins, countervailing duties, which act against subsidized imports, will become the primary policy tools for responding to the current tide of imports.
The chain of events triggered by these steel complaints could be a test of the new World Trade Organization (WTO) provisions on antidumping and will provide a strong indication of the antidumping laws' viability as political safeguards that promote domestic support for open trade and the global trading system under times of stress.
Although this bit of history is often missed in the current debate, antidumping laws and the world trading system have coexisted comfortably since the creation of the latter shortly after the conclusion of World War II.
www.findarticles.com /p/articles/mi_m1093/is_3_42/ai_54682629   (1345 words)

  
 Payment of Antidumping duties - Fact sheet
It is not illegal under the antidumping law for you and the Manitoba producer to renegotiate the price of the feeder pig.
The antidumping duty law requires “importers of record” to pay the duty because these are the people who submit the paperwork to the U.S. Customs Bureau to import goods into the United States and are considered the responsible party.
All Canadian pigs are subject to the antidumping duties, except for pigs exported by Hytek and breeding stock.
www.thepigsite.com /FeaturedArticle?Display=1238   (2051 words)

  
 Reforming the Antidumping Agreement: A Road Map for WTO Negotiations
The object of WTO negotiations is not to weaken national antidumping laws but to improve them—by curtailing rampant abuses that allow trade-restrictive antidumping remedies to punish normal, healthy, import competition.
Such abuses run afoul of what supporters of antidumping claim is the purpose of the laws: namely, to ensure a “level playing field” by targeting “unfair” trade practices that reflect underlying market distortions.
Accordingly, changes to antidumping rules are needed to bring national practice into conformity with the “basic principles, concepts, and objectives” of the Antidumping Agreement.
www.freetrade.org /pubs/pas/tpa-021es.html   (351 words)

  
 The Cato Institute - Online Bookstore: Product Details
The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism.
It was this trend that the Bush administration cited as justification for agreeing to antidumping negotiations in the Doha Round of global trade talks.
In this well-written book, they expose antidumping policy as something very different from the ‘fair trade’ that it purports to be.
www.catostore.org /index.asp?fa=ProductDetails&method=cats&scid=13&pid=1441160   (871 words)

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